J o u r n a l o f t h e S e n a t e FORTY-EIGHTH DAY -------- SENATE CHAMBER, TOPEKA, KANSAS Friday, March 21, 1997--9:00 a.m. The Senate was called to order by President Dick Bond. The roll was called with thirty-nine senators present. Senator Gooch was excused. President Bond introduced as guest chaplain, Rev. Bob Osenga, West Haysville Baptist Church, who delivered the invocation: Dear God, We thank you, that as Blessed Controller of all things, These women and these men govern us as people of your choosing. You have called them by name, and they are precious to you. We thank you that you have destined each of them To the possibility of greatness, Not by this world's standards, but by yours. I pray, that through relationship with You, The Author and Creator of all good things, That you would Grant to each of these chosen people: Wisdom in perplexing times, Strength in need, Joy in their calling, Peace in their common lives, And Hope for a future that beckons of unlimited possibility. Touch each life with your grace, That we may sense your Blessed Presence In all our endeavors. We commit these chosen ones to you, And this session to you, In the name of the One who gave His very life for each of us, Our Lord and King, Jesus Christ, Amen. PRESENTATION OF PETITIONS The following petitions were presented, read and filed: SP 41, by Senator Hensley: A petition urging the 1997 Kansas Legislature to support the passage of SB 349, an increase in retirement benefits, signed by Basil Covey and 1238 others. SP 42, by Senator Biggs: a petition endorsing the Woman's Right to Know Act, signed by Lanthon D. Camblin and 16 other residents of Jefferson County. SP 43, by Senator Biggs: a petition opposing HB 2174, signed by Lanthon D. Camblin and 6 other residents of Jefferson County. SP 44, by Senator Gerald ``Jerry'' Karr: a petition opposing House Bill 2174 Kansas Lottery authorized to operate certain games at racetracks, signed and submitted by Jeannine McConnell and 74 others. 332 JOURNAL OF THE SENATE SP 45, by Senator Tim Huelskamp: a petition opposing House Bill No. 2174, concerning casino gambling, signed by Edith Staker and 11 other citizens of Kismet and Cimarron, Kansas. SP 46, by Senator Lana Oleen: a petition opposing any and all legislation currently pend ing in the Kansas Legislature which would allow the carrying of concealed weapons signed, by Charles M. Curtis and 30 others from the Wichita, Kansas area. SP 47, by Senator Lana Oleen: a petition opposing any and all legislation currently pend ing in the Kansas Legislature which would allow the carrying of concealed weapons, signed by Nick Crumrine and 61 others from Butler County, Kansas. SP 48, by Senator Lana Oleen: a petition opposing any and all legislation currently pend ing in the Kansas Legislature which would allow the carrying of concealed weapons, signed by Betty J. Clark and 38 others from the Sedgwick County, Kansas area. SP 49, by Senator Lana Oleen: a petition opposing any and all legislation currently pend ing in the Kansas Legislature which would allow the carrying of concealed weapons, signed by Lillian Stroud and 22 others from the St. Francis, Kingman, and surrounding Sedgwick County areas. SP 50, by Senator Lana Oleen: a petition opposing any and all legislation currently pend ing in the Kansas Legislature which would allow the carrying of concealed weapons, signed by Thomas Lichti and 72 others from Derby, Valley Center and Wichita, Kansas areas. SP 51, by Senator Lana Oleen: a petition opposing any and all legislation currently pend ing in the Kansas Legislature which would allow the carrying of concealed weapons, signed by Lloyd Lueck and 34 others from Wichita, Kansas and the surrounding area. SP 52, by Senator Lana Oleen: a petition opposing any and all legislation currently pend ing in the Kansas Legislature which would allow the carrying of concealed weapons, signed by Sherrie L. Cook and 41 others from Haysville, Andover and Wichita, Kansas areas. REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS The following bill was referred to Committee as indicated: Judiciary: SB 384. CONSIDERATION OF MOTIONS TO CONCUR OR NONCONCUR On motion of Senator Ranson the Senate nonconcurred in the House amendments to SB 147 and requested a conference committee be appointed. The President appointed Senators Ranson, Clark and Barone as a conference committee on the part of the Senate. INTRODUCTION OF ORIGINAL MOTIONS AND SENATE RESOLUTIONS Senator Goodwin introduced the following Senate resolution, which was read: SENATE RESOLUTION No. 1832-- A RESOLUTION congratulating and commending the Arkansas City High School wrestling team and Coach Wayne Jackson for winning the Class 5A state championship for the tenth consecutive year. WHEREAS, The Arkansas City High School wrestling team won the 1997 Kansas State High School Activities Association Class 5A State Wrestling Championship at Wichita on March 1, 1997; and WHEREAS, The Arkansas City High School ``Bulldogs'' won its tenth consecutive state championship with its 160.5 to 138 points victory over Bishop Carroll; and WHEREAS, The team includes two state champions, three-time winner, Travis Van dever, at 125 pounds, and Mark Berthot, at 160 pounds; and WHEREAS, The members of this outstanding wrestling team have received statewide recognition for their fine sportsmanship and athletic abilities; and WHEREAS, The success of this team is due to excellent teamwork, strong competitive spirit and determination to win, and the enthusiastic support of the school's administrators, the faculty, the students, the players' parents and the citizens of this proud community: Now, therefore, March 21, 1997 333 Be it resolved by the Senate of the State of Kansas: That the Arkansas City High School wrestling team and Coach Wayne Jackson be congratulated and commended for winning for the tenth consecutive year the 1997 Kansas State High School Activities Association Class 5A State Wrestling Championship; and Be it further resolved: That the Secretary of the Senate be directed to send five enrolled copies of this resolution to Dr. Jean R. Snell, Superintendent, Arkansas City High School, 119 West Washington, P.O. Box 1028, Arkansas City, KS 67005-1028. On emergency motion of Senator Goodwin SR 1832 was adopted unanimously. Senator Umbarger introduced the following Senate resolution, which was read: SENATE RESOLUTION No. 1833-- A RESOLUTION designating Oswego as the Art Treasures Capital of Kansas. WHEREAS, Oswego will be celebrating its 135th anniversary this year and has a history of cultural and artistic talent; and WHEREAS, Oswego has seven beautiful murals throughout the city and has artwork collections at the city schools, the city library and the city museum; and WHEREAS, Commercial art is taught at the branch campus of Labette Community College, and the city has two art-related industries, DINA and Creatively Designed Prod ucts; and WHEREAS, The city has a variety of individual artists engaged in a myriad of art forms, including quilters, stained glass, wood carvers, crafters, oil, wood, pastels, chalk, pen and ink and sweatshirt painters, sculptors, ceramic workers, china painters, metal sculptors, tole painters, cartoonists and air brush artists. Of particular note is Ted Watts, a nationally known sports artist, who has completed over 4,000 pieces of artwork; and WHEREAS, The city of Oswego is beautifully situated on the bluff of the Neosho River and has six city parks plus historical, shopping and recreational sites for the enjoyment of the citizens and visitors to this city: Now, therefore, Be it resolved by the Senate of the State of Kansas: That we designate the city of Oswego as the Art Treasures Capital of Kansas; and Be it further resolved: That the Secretary of the Senate be directed to send an enrolled copy of this resolution to James D. Stephens, Mayor, City of Oswego, P.O. Box 210, Oswego, KS 67356, Martin R. Hunter, President, Oswego Chamber of Commerce, P.O. Box 8, Oswego, Kansas 67356 and Marna J. Taylor, Tourism Director, P.O. Box 28, Oswego, KS 67356. On emergency motion of Senator Umbarger SR 1833 was adopted unanimously. Senator Umbarger recognized guests of the Senate James D. Stephens, Mayor, City of Oswego, Marna J. Taylor, Tourism Director, City of Oswego. Senator Karr and Oleen introduced the following Senate resolution, which was read: SENATE RESOLUTION No. 1834-- A RESOLUTION congratulating and commending Council Grove upon its sesquicentennial year. WHEREAS, ``The Council Grove'' was a landmark on the Santa Fe Trail with the signing of the first treaty establishing the right-of-way for the new international trade route on August 10, 1825, it was not until 1847 that any permanent residents lived there. In the spring of that year Seth M. Hays traveled to Council Grove to establish a new trading post for the Westport, Missouri, mercantile firm of Boone & Hamilton. WHEREAS, Hays, a great grandson of Kentucky frontiersman Daniel Boone, built a log structure alongside the Santa Fe Trail just west of the Neosho River crossing. For the next decade that log structure served as Hays' home and as a supply post for passing wagon trains. WHEREAS, Soon after Hays' arrival the area around Council Grove was designated as the site for the new reservation for the Kaw Indian tribe. With the arrival of the Kaw Indians in 1848, other traders followed, and soon Council Grove took on the appearance of a town. WHEREAS, For years, Council Grove was the westernmost settlement in what today is the state of Kansas, and it is the fourth oldest settlement in Kansas which later became a 334 JOURNAL OF THE SENATE town. The year 1997 marks the 150th anniversary of the first settler on what became the Council Grove townsite: Now, therefore, Be it resolved by the Senate of the State of Kansas: That we congratulate and commend Council Grove upon its sesquicentennial year; and Be it further resolved: That the Secretary of the Senate be directed to send an enrolled copy of this resolution to Charlene McRae, Mayor, City of Council Grove, 313 W. Main, Council Grove, KS 66846, Helen and Charles Judd, 605 Columbia, Council Grove, KS 66846, Morris County Historical Society, 303 W. Main, Council Grove, KS 66846, and Hays House, 112 W. Main, Council Grove, KS 66846. On emergency motion of Senator Karr SR 1834 was adopted unanimously. Senator Oleen introduced the following Senate resolution, which was read: SENATE RESOLUTION No. 1835=n A RESOLUTION congratulating and commending Manhattan's Woodrow Wilson Elementary School. WHEREAS, Woodrow Wilson Elementary School in Manhattan has been selected by the United States Department of Education as one of five schools and districts in the United States to receive the department's new National Awards Program for Model Professional Development; and WHEREAS, Each of the five programs selected for national recognition will receive a privately funded monetary award to be used to support professional development activities; and WHEREAS, In 1990, the Woodrow Wilson Elementary School was established as a ``professional development school'' where the district's teachers could go for assistance in expanding and improving their skills and knowledge. Their program, which has focused on the teaching of mathematics, science and technology, has changed the course of teaching and learning throughout the state, resulting in improved student performance and innovative and effective teaching initiatives; and WHEREAS, With action plans for staff development required by the district, the school has been able to identify and address goals that need greater focus. Teachers have begun to use more hands-on instructional activities; are learning to collaborate and network with each other; and, perhaps most importantly, are teaching in ways that raise the expectations of their students. The primary result: students are learning to higher standards; and WHEREAS, Though the program is still young, there is strong evidence of real progress and increased student achievement. Teachers are learning how to implement the NCTM math standards, and test scores on the Kansas Mathematics Assessment Test improved over the last three years for boys and girls, with girls posting a significant gain; and WHEREAS, The teachers of Woodrow Wilson Elementary School were instrumental in securing this award and grant for the school: Now, therefore, Be it resolved by the Senate of the State of Kansas: That we congratulate and commend Woodrow Wilson Elementary School for being selected by the United States Department of Education as one of five schools and districts in the United States to receive the depart ment's new National Awards Program for Model Professional Development; and Be it further resolved: That the Secretary of the Senate be directed to provide five enrolled copies of this resolution to Katha Hurt, Principal, Woodrow Wilson Elementary School, 312 N. Juliette, Manhattan, Kansas 66502. On emergency motion of Senator Oleen SR 1835 was adopted unanimously. Senator Oleen introduced and congratulated Katha Hurt, Principal, Woodrow Wilson Elementary School, Manhattan, for being selected one of five schools for excellence in teacher development by the U.S. Department of Education. Also recognized were Leslie Rader, Kay Hoffman and Melissa Hancock, who were in strumental in securing the grant and working with teachers at Woodrow Wilson Elementary School, Manhattan. Committee on Commerce introduced the following Senate resolution, which was read: March 21, 1997 335 SENATE RESOLUTION No. 1836-- A RESOLUTION encouraging the development of Kansas river basin economic development authority. WHEREAS, The Kansas river basin industrial development corridor is an identifiable region of the state consisting of eleven counties and related communities located along the Kansas river; and WHEREAS, Nearly one-half of the state's population resides in the corridor and the infrastructure existing in the corridor is enormous including: Four major reservoirs assuring a stable water supply; highways, including Interstate 70, the Kansas Turnpike, U.S. 40, U.S. 24, K-10, and north-south connections on U.S. 75; several important railroads, including Santa Fe, Union Pacific, Burlington Northern and Kansas City Southern; a good postsecon dary education base with the University of Kansas, Kansas State University, Washburn Uni versity, Johnson County Community College, and various vocational schools; airports are spread up and down the valley at Junction City, Manhattan, Topeka, Lawrence, and Kansas City; federal installations including, the Corps of Engineers, the Army, Air Force, Coast Guard, Navy, and bases at Ft. Riley, Topeka, and Ft. Leavenworth; major hospital complexes in Kansas City and Topeka; and WHEREAS, Regional economic development efforts can play a critical role in aug menting state and local initiatives, and local economic development groups in the region have made commendable efforts toward creating economic development programs in the corridor; and WHEREAS, A Kansas river basin economic development authority would be very val uable in identifying the corridor's economic development assets and shared economic de velopment goals; and WHEREAS, The authority could assist communities and economic development organ izations existing in the corridor to promote the Kansas river basin corridor as a location for economic development: Now, therefore, Be it resolved by the Senate of the State of Kansas: That economic development organ izations and communities located in the Kansas river basin corridor be encouraged to form a Kansas River Basin Economic Development Authority to cooperatively promote economic development in the region. Be it further resolved: That the Secretary of the Senate be directed to send enrolled copies of this resolution to the Secretary of Commerce and to Mr. Don Schnake. On emergency motion of Senator Salisbury SR 1836 was adopted. Senators Kerr and Karr introduced the following Senate resolution, which was read: SENATE RESOLUTION No. 1837-- A RESOLUTION congratulating and commending the Kansas Baha'i Community. WHEREAS, The Baha'i Faith has been part of the Kansas religious landscape for a century; and WHEREAS, In the past one hundred years the Kansas Baha'i community has promoted harmony, understanding and cooperation among all the races and religions represented in Kansas as well as promoting the equality of women, education for all, the primary role of agriculture in society, international peace and other necessities of a strong future; and WHEREAS, The Baha'i community of Kansas consists of a hundred local Baha'i com munities across the state, stretching from Kansas City to Liberal, from Pittsburg to Lenora, embracing all corners of the state; and WHEREAS, The Kansas Baha'i community is a vital part of the larger American Baha'i community by participating in national events, contributing to its development by traveling and strengthening local Baha'i communities in other states as well as enriching its art and literature and also providing members of its senior institutions, their assistants and com mittees; and WHEREAS, The Kansas Baha'i community will be observing its centennial this year beginning with a celebration on July 19 in Enterprise, Kansas, where the first Baha'is lived in Kansas in 1897: Now, therefore, 336 JOURNAL OF THE SENATE Be it resolved by the Senate of the State of Kansas: That we congratulate and commend the Kansas Baha'i community upon its centennial year in Kansas; and Be it further resolved: That the Secretary of the Senate be directed to provide an en rolled copy of this resolution to Phillip H. Wood, Secretary, Spiritual Assembly of the Baha'is of Hutchinson, Kansas, Inc., P.O. Box 1332, Hutchinson, Kansas 67504-1332 and David Leiker, Secretary, Spiritual Assembly of the Baha'is of Emporia, Kansas, Inc., P.O. Box 683, Emporia, Kansas 66801. On emergency motion of Senator Kerr SR 1837 was adopted unanimously. REPORTS OF STANDING COMMITTEES Committee on Public Health and Welfare recommends HB 2200, as amended by House Committee, be amended on page 4, in line 13, by striking all after ``board'' and inserting ``may''; in line 15, by striking ``Such''; in line 16, by striking all before ``amount'' and inserting ``Of the amount so remitted, an''; in line 17, after ``enforcement'' by inserting ``under this subsection, as certified by the president of the board to the state treasurer,''; in line 18, by striking ``deducted and''; also in line 18, before the period, by inserting ``and the balance shall be credited to the state general fund''; and the bill be passed as amended. REPORT ON ENROLLED BILLS SR 1829, 1830, 1831 reported correctly enrolled, properly signed and presented to the Secretary of the Senate on March 21, 1997.